Listen Up: AAPC’s Podcast Debut

 

AAPC’s Future of Political Consulting podcast will explore the evolving world of political strategy. In the first episode (out today, September 27th!), Kelly Gibson (Stronger Than Communications) and Ryan Davis (People First) dive into the hot topic around how social media influencers are making waves in political campaigns and the best ways to collaborate for real results.

Check out the episode and be sure to subscribe!

FEC Issues No New Rulemaking in the use of AI

September 20, 2024

 

FEC issues no new rulemaking to regulate or prohibit the use of AI by political campaigns; clarifies that the fraudulent use of AI is already regulated by existing statutes. 

 

Jason Torchinsky and Oliver Roberts

On September 19, 2024, the FEC held an open meeting to address guidance and regulations related to the use of artificial intelligence (AI) in political campaigns. At the meeting, the FEC discussed whether to issue new rulemaking to ban AI “deepfakes” and also discussed two draft documents that it released on September 10, 2024. By a vote of 3 to 1 (with 2 abstentions), the FEC refused to issue new rulemaking to regulate AI “deep fakes.” The FEC then voted to approve the “Draft Notice of Disposition” and the “Draft Interpretive Rule” by a 5-1 vote. The FEC Chairman clarified that the “Draft Interpretive Rule” does not introduce any new regulation or prohibition on the use of AI in political campaigns—rather, it is non-binding guidance clarifying that the fraudulent use of AI is already regulated by existing statutes.  The FEC Chairman specifically warned the press against misinterpreting this rule.

Specifically, the “Draft Interpretive Rule” provides “guidance on the scope of 52 U.S.C. 30124, which bars the fraudulent misrepresentation of campaign authority.” The Draft Interpretive Rule clarified that 52 U.S.C. 30124 and 11 CFR 110.16 “apply irrespective of the technology used to conduct fraudulent misrepresentation.” Chairman Cooksey emphasized that “it does not matter whether a regulated person uses any particular form of technology, including AI” because the key legal question is whether the regulated individual acted fraudulently. Importantly, as a Draft Interpretive Rule, this document outlines the “general course of action that the Commission intends to follow,” meaning it does not constitute an official agency action nor carry the force of law. The FEC approved the Draft Interpretive Rule by a 5-1 vote.

The “Draft Notice of Disposition” indicates that the FEC disposed of a prior Petition for Rulemaking filed on July 13, 2023, by a public citizen. The Petition requested that the FEC issue rulemaking “to clarify that the law against ‘fraudulent misrepresentation’ (52 U.S.C. 30124) applies to deliberately deceptive AI produced content in campaign communications.” On August 16, 2023, the FEC had published a Notice of Availability seeking public comment on the Petition. After the public comment period, the FEC decided not to pursue rulemaking in response to the Petition because “[t]he statute . . . is technology neutral and applies on its face to all means of accomplishing the specified fraud, including AI-assisted media.” The FEC’s guidance on this statute was later clarified in the “Draft Interpretive Rule,” discussed above. The FEC approved the Draft Notice of Disposition by a 5-1 vote.

Jason Torchinsky is a partner at Holtzman Vogel Baran Torchinsky Josefiak PLLC (“HVBTJ”) and specializes in campaign finance and election law. Oliver Roberts is an attorney at HVBTJ and specializes in regulatory and artificial intelligence matters.

AAPC Files Comments Opposing FCC’s Proposal Rule on Generative AI in Political Ads

Subject: Notice of Proposed Rulemaking on Disclosure and Transparency of Artificial Intelligence-Generated Content in Political Advertisements

Dear Chairwoman Rosenworcel,

We are writing on behalf of the American Association of Political Consultants (“AAPC”) to oppose the FCC’s proposed rule on the disclosure of AI-generated content in political advertisements. The AAPC believes that this proposed rule is overly broad and arbitrary, exceeds the authority of the FCC, threatens to harm protected speech, and fails to address the true problem of deceptive
AI-generated content.

Founded in 1969, the AAPC is a bipartisan organization of political and public affairs professionals dedicated to improving democracy. The AAPC has more than 1,700 members worldwide. The Board of Directors is comprised of 32 members, evenly divided between Republicans and Democrats. It is the largest association of political and public affairs professionals in the world. 

As a preliminary matter, the AAPC highlights its longstanding position that it staunchly opposes the use of deepfakes in political advertisements. As early as May 2023, the AAPC issued a public statement that its bipartisan Board of Directors unanimously agreed to condemn the use of generative AI “deepfake” content in political campaigns.1In a press release, the AAPC Board “unanimously agreed that the use of ‘deepfake’ generative Artificial Intelligence (AI) content is dramatically different and dangerous threat to democracy.”2 The AAPC’s position on AI-generated deepfakes has not changed—it remains staunchly opposed to the use of such deception in political advertisements.

Yet, the AAPC opposes the FCC’s proposed rule for four key reasons, which are detailed further below. At bottom, the AAPC’s opposition is grounded in the fact that the FCC’s proposed rule fails to address the true problem of deceptive and fake advertisements in politics. It is axiomatic that AI is not a necessary or sufficient condition for the creation of deceptive or fake media; and thus, the FCC’s broad proposed rule unfairly and improperly regulates AI use, while failing to combat the true underlying issue of deceptive and fake advertisements. 

  1. The Proposed Rule is Overly Broad

First, the AAPC believes that the FCC’s proposed rule is overly broad. By requiring the disclosure of all AI-generated content, the FCC casts an overbroad net that fails to appropriately regulate deceptive AI-generated content. The proposed rule defines AI-generated content as follows: 

an image, audio, or video that has been generated using computational technology or other machine-based system that depicts an individual’s appearance, speech, or conduct, or an event, circumstance, or situation, including, in particular, AI-generated voices that sound like human voices, and AI-generated actors that appear to be human actors. 

This definition of AI-generated content is so broad that it would include many routine and harmless uses of AI in photo editing, color retouching, basic video editing, and voice narration. By requiring disclosure of every use of AI-generated content, the rule unfairly penalizes political campaigns for using AI tools to perform tasks that could be completed (less efficiently) without them. For example, two political campaigns could run advertisements that used edited photos of their candidates’ hair color. If the first campaign edited the hair color with an AI tool, it would be required to disclose that innocuous AI use in the advertisement. But if the second campaign edited the hair color manually (without an AI tool), then the second campaign would not be required to include an AI disclosure. Either way, the images have been edited—yet the proposed rule creates an arbitrary distinction and simply promotes the inefficient use (and nonuse) of available and common technologies. 

The arbitrary distinction becomes even more problematic in extreme cases. For example, two opposing political campaigns run advertisements back-to-back on television. The first campaign runs a positive ad and uses an AI tool to edit the candidate’s hair color; as a result, this ad requires an AI disclosure. The second campaign then runs a deceptive attack ad on the first campaign’s candidate, using deceptive stock photos and deceptive editing—however, it did not use AI in the ad. As a result, the first, non-deceptive ad required an AI disclosure, which could undermine a voter’s perception of authenticity and veracity, while the truly deceptive ad by the second campaign did not require any AI disclosure. 

Moreover, the definition of AI-generated content is also overbroad due to the inclusion of any content generated “using computational technology or other machine-based system.” Today, essentially all online content is generated using some form of computational technology or some machine-based system. As such, virtually all political advertisements could be subject to the FCC’s AI disclosure requirement, thereby making truly deceptive AI-generated ads indistinguishable from an ad that simply uses an AI tool to change a candidate’s hair color. 

  1. The Proposed Rule is Arbitrary and Inconsistent

Second, the AAPC believes that the FCC’s proposed rule is arbitrary and actually exacerbates the problem it purportedly aims to solve. The proposed rule creates an imbalanced regulatory system by imposing disclosure requirements exclusively on broadcasters and cable companies while exempting digital platforms. This selective approach not only undermines the proposed rule’s overall objectives but could also worsen the problem of deceptive AI-generated ads. For instance, while viewers of traditional media outlets, like news stations or cable networks, would be informed if content is AI-generated, those consuming content on digital platforms such as YouTube, TikTok, or social media would be left uninformed. By regulating traditional media but leaving digital platforms unregulated, the FCC risks fostering a false sense of security regarding content authenticity. Audiences used to seeing disclosures on TV or cable may mistakenly assume that AI-generated content on unregulated digital platforms is equally authentic or valid simply because no disclosure is provided. 

For example, if an AI-generated political ad aired on a cable channel comes with a disclaimer, but the same ad appears undisclosed on a social media platform, viewers might question the cable content more than the digital one, despite both being AI-generated. This inconsistency not only confuses viewers but could also encourage the spread of misinformation on unregulated digital platforms, ultimately undermining the rule’s original purpose to promote transparency and accountability in media. Declining viewership in traditional media outlets and growing viewership on digital platforms will only exacerbate this phenomenon. Instead of creating trust, the proposed rule’s selective application might further blur the lines between legitimate and misleading content across different media sources. 

  1. The Proposed Rule Will Harm Protected Political Speech

Third, the FCC’s proposed rule is also likely to cause significant harm to political communications which are protected by the First Amendment as central to the functioning of our free society and the democratic process. By requiring on-air AI disclosures, valuable airtime is consumed in on-air ads. These AI disclosures—timed at around four seconds—impede important messaging opportunities. Additionally, with both the stand-by-your-ad disclaimer and the AI disclaimer, nearly eight seconds of a typical thirty-second spot would be dedicated to disclaimers—just two seconds shy of one-third of the entire ad. This not only eats into the time needed for key messaging but also risks “poisoning the well,” negatively impacting the persuasive or educational effect of the advertisement and ultimately weakening its overall impact on the audience. 

  1. The Proposed Rule Exceeds the FCC’s Statutory Authority

Fourth, the FCC exceeded its statutory authority in promulgating this proposed rule. The Communications Act, 47 U.S. Code § 315, limits the FCC’s regulation of political advertisements to keeping public records, requiring sponsor identification, and ensuring equal broadcast access. While the Bipartisan Campaign Reform Act grants limited duties to the FCC, it does not grant the FCC any independent regulatory power to require AI-content disclosures in political advertisements. The FCC’s generalized justification that this proposed rule is in the “public interest” is baseless and unsupported by law. 

The FCC’s contravention of its mandate is further highlighted by FEC Chairman Sean Cooksey’s recent statement that the Bipartisan Campaign Reform Act does not grant the FCC the power to require political advertisement disclosures.3In fact, Chairman Cooksey explicitly stated that he was “concerned that parts of [the FCC’s] proposal would fall within the exclusive jurisdiction of the Federal Election Commission (“FEC”), directly conflict with existing law and regulations, and sow chaos among political campaigns for the upcoming election.”4 

For these reasons, the AAPC strongly opposes the FCC’s proposed rule on the disclosure of AI-generated content in political advertisements. 

________________________

1 AAPC, AAPC Condemns Use of Deceptive Generative AI Content in Political Campaigns, May 3, 2023, https://theaapc.org/american-association-of-political-consultants-aapc-condemns-use-of-deceptive-generative-ai-content-in-political-campaigns-2/ (last accessed September 8, 2024)
2 Id.

Academics and Political Consultants Team Up to Launch Groundbreaking Tool for Political Insight

FOR IMMEDIATE RELEASE

July 9, 2024

 

Academics and Political Consultants Team Up to Launch Groundbreaking Tool for Political Insight
AAPC Foundation, NYU Center for Social Media and Politics, and UNC Center on Technology Policy announce the creation of the most comprehensive archive to date documenting the use of Generative-AI in the 2024 election cycle.

McLean, VA  — The American Association of Political Consultants Foundation (AAPCF) is excited to announce the release of the AI Political Archive, created in collaboration with New York University’s (NYU) Center for Social Media and Politics (CSMaP) and the University of North Carolina’s (UNC) Center on Technology Policy (CTP). The archive catalogs the use of generative artificial intelligence in federal and down-ballot races in the 2024 U.S. election cycle to provide a more complete understanding of its application to political communications.

“We’ve all seen the headlines about deep fakes and people are right to worry. But the headlines only tell part of the story. AI is changing the way campaigns are run, with broad implications for political speech, our elections, and our democratic process. The AI Political Archive will provide a comprehensive look at how AI is being used in campaigns, serving as a resource for practitioners, academics, journalists, elected officials, and the public to better understand the role the technology is playing in our elections,” notes American Association of Political Consultants Foundation President, Becki Donatelli.

The partnership between New York University’s Center for Social Media and Politics (CSMaP), the University of North Carolina’s Center on Technology Policy (CTP), and the AAPC Foundation means the archive will provide an evidence-based, comprehensive review of how the technology is being deployed in races in the U.S. NYU’s CSMaP and UNC’s CTP will ensure the archive, cataloging, and analysis meet robust academic standards while AAPC Foundation’s expansive bipartisan network of political consultants will ensure the archive access to content by the people creating it. Each submission will be rigorously reviewed, validated, and tagged by the research team, allowing users to search, filter, and sort entries based on parameters such as media type, campaign level, and disclosure type.

Political consultants and the public are encouraged to submit TV and digital ads, social media posts, and other forms of content that are suspected or known to have been created using Generative-AI at http://aipoliticalarchive.org/. These submissions, in tandem with examples identified by research staff, will form a dataset that will be available to journalists, academics, policymakers, political consultants, and the general public. The AI Political Archive promises to be an invaluable resource for understanding emerging trends and fostering responsible innovation in political advertising.

The AAPC Foundation’s mission is rooted in the belief that a robust political consulting community is essential for the health and vibrancy of our democracy. We aim to work closely with association members and stakeholders to advocate for the protection of free speech and to participate in public policy outcomes that have far-reaching implications. For more information, see https://theaapc.org/aapc-foundation/.

NYU’s Center for Social Media and Politics works to strengthen democracy by conducting rigorous research, advancing evidence-based public policy, and training the next generation of scholars. Visit https://csmapnyu.org/ for more.

UNC’s Center on Technology Policy seeks to craft public policy for a better internet. Utilizing an interdisciplinary academic framework, CTP works to identify knowledge gaps and develop actionable policy frameworks to realize the potential benefits of technology while minimizing its harms. See more at https://techpolicy.unc.edu/.

To contribute to the AI Political Archive visit http://aipoliticalarchive.org/. To learn more about AAPC’s efforts in promoting ethical standards and innovation in political consulting visit www.theaapc.org/advocacy.

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AAPC Unveils Comprehensive Digital Fundraising Guidelines

FOR IMMEDIATE RELEASE

June 19, 2024

 

AAPC Unveils Comprehensive Digital Fundraising Guidelines

 

 

McLean, VA – The American Association of Political Consultants (AAPC) proudly announces the release of a comprehensive set of guidelines and best practices for digital fundraising. These guidelines aim to provide essential principles and ethical standards for individuals and organizations engaged in political fundraising activities through email, social media, and texting.

“The adoption of these guidelines marks a significant step forward for the digital fundraising industry. By establishing these guidelines, AAPC and its members are ensuring that digital fundraising is a space of respect and authenticity for all users,” said Taryn Rosenkranz, CEO and President of New Blue Interactive.

Given the explosive growth and importance of these channels, the guidelines outline best practices to ensure members engaging in political fundraising maintain the highest levels of integrity while raising funds for various campaigns and causes. Adhering to these standards fosters trust and credibility within the donor community and is expected of all AAPC members.

As CEO of DonorBureau Tracy Dietz noted, “this is about more than just compliance; it’s about commitment to our clients, our donors, and respect in every interaction. These guidelines will help us align our practices with our principles.

The guidelines focus on essential areas of responsibility within the digital fundraising space, including transparency and integrity, compliance with laws and regulations, ensuring data protection and privacy, donor relations, non-discrimination, and avoiding conflicts of interest.  They were developed from a comprehensive review of industry practices, including hundreds of conversations with AAPC members, clients and donors, from across the political spectrum. 

Zandria Haines, Sr. Vice President of SBDigital stated, “I am happy that the AAPC has recognized the important role digital fundraising plays in supporting mission driven work and wholeheartedly support the new digital fundraising guidelines. The rapid advancement of technology has made online giving more accessible, efficient, and engaging—and to maximize its potential, it’s important that we, as practitioners, work together to ensure programs are following best practices to meet the highest standards of integrity, transparency, and effectiveness.”

“By supporting these guidelines and principles, we’re not just advocating for fair fundraising practices; we’re investing in the future of sustainable and responsible digital engagement. It’s the right thing to do for our clients, our industry, and the American voters,” said Mark Harris, Founding Partner of ColdSpark.

For more information and to explore AAPC’s Digital Fundraising Guidelines, click here.

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About AAPC

Founded in 1969, the AAPC is a multi-partisan organization of political and public affairs professionals dedicated to advancing the field of political consulting and promoting ethical practices within the industry. We are committed to fostering a political landscape driven by integrity and transparency. AAPC members are required to adhere to its Professional Code of Ethics. The AAPC has over 1,800 members hailing from all corners of the globe. It is the largest association of political and public affairs professionals in the world. For more information about the AAPC and our Code of Ethics please visit www.theaapc.org.

 

Contact:

Julie Sweet
Director, Advocacy & Industry Relations
(703) 935-2282
[email protected]

 

AAPC Denounces Claimed AI-Generated Robocall Incident

FOR IMMEDIATE RELEASE

February 27, 2024

 

AAPC Denounces Claimed AI-Generated Robocall Incident

 

 

McLean, VA – In light of the recent revelation involving a political operative’s commissioning of an allegedly deceptive AI-generated robocall impersonating President Joe Biden, we feel compelled to express our profound concern and condemnation if these facts are verified. This alleged act, leveraging artificial intelligence to fabricate a misleading communication for political gain, stands in stark opposition to the principles of honesty and integrity that are fundamental to our democratic process. The claims involved in this incident blatantly contravene the dedication to integrity that the AAPC upholds, posing a significant threat to the trust inherent in our democratic electoral processes.In a solid stance against such deceptive practices, the AAPC aligns with the Federal Communications Commission’s (FCC) recent declaratory ruling against robocalls made with synthetic AI-generated voices. This alignment underscores our unwavering commitment to promoting ethical conduct within political consulting and campaigning. The AAPC and FCC’s shared perspective highlights the critical importance of maintaining honesty and transparency in political communication, ensuring the electoral process remains untainted by the misleading use of technology.

We call upon all members of the political consulting community to rigorously adhere to the AAPC’s Professional Code of Ethics and stance against the use of deceptive AI in political campaigns, reinforcing our collective responsibility to foster a political environment characterized by truthfulness and respect for the electorate.

 

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About AAPC

Founded in 1969, the AAPC is a multi-partisan organization of political and public affairs professionals dedicated to advancing the field of political consulting and promoting ethical practices within the industry. We are committed to fostering a political landscape driven by integrity and transparency. AAPC members are required to adhere to its Professional Code of Ethics. The AAPC has over 1,800 members hailing from all corners of the globe. It is the largest association of political and public affairs professionals in the world. For more information about the AAPC and our Code of Ethics please visit www.theaapc.org.

 

Contact:
Alana Joyce
Executive Director
+1 703-245-8021
[email protected]

AAPC Supports FCC’s Historic Ruling Against AI-Generated Voice Robocalls

FOR IMMEDIATE RELEASE

February 13, 2024

 

AAPC Supports FCC’s Historic Ruling Against AI-Generated Voice Robocalls

 

McLean, VA – The American Association of Political Consultants (AAPC), the nation’s premier organization for political consulting professionals, expresses its strong support for the Federal Communications Commission’s (FCC) recent declaratory ruling against robocalls made with synthetic AI-generated voices. This important clarification underscores the FCC’s commitment to protecting consumers and upholding the integrity of communication within our democracy.
The FCC’s ruling, which identifies AI-generated voice calls as “artificial” under the Telephone Consumer Protection Act (TCPA), aligns with the AAPC’s Code of Ethics, which emphasizes honesty, integrity, and respect for the democratic process. The AAPC believes that this decision is a significant step forward in combating the misleading use of technology in political communication and ensures that political consulting practices remain respectful and lawful.
“The AAPC stands firmly against any practice that undermines the public’s trust in the political process,” said Larry Huynh, President, AAPC. “The FCC’s ruling against AI-generated voice robocalls is a victory for integrity in political communications. It reflects our Code of Ethics’ core values by ensuring that political outreach does not mislead the electorate.”
The AAPC commends the FCC for providing state attorneys general with new tools to pursue entities behind potentially misleading robocalls. This ruling not only protects consumers from potentially misleading communications but also supports the AAPC’s ongoing efforts to promote ethical standards within the political consulting industry.
“We encourage all political consultants to review their practices in light of this ruling and to continue striving for the highest ethical standards in all their communications,” added Kyle Roberts, Vice President, AAPC. “Together, we can maintain the trust and respect within the consulting community.”

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About AAPC

Founded in 1969, the AAPC is a multi-partisan organization of political and public affairs professionals dedicated to advancing the field of political consulting and promoting ethical practices within the industry. We are committed to fostering a political landscape driven by integrity and transparency. AAPC members are required to adhere to its Professional Code of Ethics. The AAPC has over 1,800 members hailing from all corners of the globe. It is the largest association of political and public affairs professionals in the world. For more information about the AAPC and our Code of Ethics please visit www.theaapc.org.

 

Contact:
Alana Joyce
Executive Director
+1 703-245-8021
[email protected]

AAPC Applauds U.S. House of Representatives for Upholding Ethics in Expulsion of George Santos

FOR IMMEDIATE RELEASE

December 1, 2023

 

American Association of Political Consultants Applauds U.S. House of Representatives for Upholding Ethics in Expulsion of George Santos

 

McLean, VA – The American Association of Political Consultants (AAPC) commends the United States House of Representatives for their decisive action in expelling Representative George Santos. This move, marked by bipartisan support, underscores the commitment of our nation’s lawmakers to uphold the highest standards of integrity and accountability in public service.

“The expulsion of George Santos from Congress is a significant step in reaffirming the core values of our political system,” said Larry Huynh, President of the AAPC. “Ethics and honesty are paramount in public office, and the AAPC stands firmly behind actions that reinforce these principles.”

Santos, whose tenure in Congress has been marred by controversy and allegations of falsehoods, was expelled following a thorough investigation by the House Ethics Committee. This decision serves as a powerful reminder of the importance of truthfulness and ethical conduct in the political arena.

“As political consultants, we strive to enhance the democratic process by promoting transparency and integrity among consultants and elected officials,” added Kyle Roberts, Vice President of AAPC. “Congress’s action in this matter aligns with our mission to foster an environment where truth and accountability are non-negotiable.”

The AAPC believes that the expulsion of Santos will serve as a deterrent to future misconduct and reinforce the public’s trust in their elected representatives. We remain committed to supporting measures that strengthen the ethical framework of our political system and ensure that those in public office adhere to the highest standards of conduct.

 

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About AAPC

Founded in 1969, the AAPC is a multi-partisan organization of political and public affairs professionals dedicated to improving democracy. The AAPC has more than 1,600 members hailing from all corners of the globe. The Board of Directors is comprised of thirty-two members, evenly divided between Republicans and Democrats. It is the largest association of political and public affairs professionals in the world. The AAPC Foundation supports efforts to protect free speech, defend democracy, and prepare the next generation of political consultants to thrive. For more information, see www.theaapc.org.

 

Contact:
Alana Joyce
Executive Director
+1 703-245-8021
[email protected]